People v. Armstrong CA4/1

Filed 7/17/23 P. v. Armstrong CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080132

Plaintiff and Respondent,

v. (Super. Ct. No. SCD287517)

CHRISTIAN ANTHONY ARMSTRONG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Jeffrey F. Fraser, Judge. Affirmed. Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Joy Utomi, Deputy Attorneys General, for Plaintiff and Respondent.

Christian Anthony Armstrong took a drink from a convenience store cooler, intending to steal it. When a store employee blocked his exit,

Armstrong dropped the can and assaulted another employee. A jury

convicted him of second-degree robbery (Pen. Code, § 211)1 and assault by force likely to produce great bodily injury (§ 245, subd. (a)(4)). On appeal from the judgment, Armstrong contends insufficient evidence supports the robbery conviction because he abandoned the property before attacking the employee. As we shall explain, we disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On September 29, 2020, around 10 p.m., three employees, Gwyneth G., Anna M., and Miguel O., were at the end of their shift at a convenience store. Another employee from the prior shift, J. Mark M., was still at the store to spend time with his girlfriend, Anna. Gwyneth worked at the cash register, while Miguel, Anna, and J. Mark took a break outside the store. The store’s double doors were steadied that night, meaning customers could only use the left door because the right door was locked. Armstrong arrived at the store and started a conversation with the three employees outside. He asked Miguel for either a drink, or cigarettes and money. Miguel was annoyed by the request and did not give Armstrong anything. Armstrong testified at trial that he then entered the store carrying a glass mug and intending to steal a drink. As he entered the store, one of the employees asked Armstrong to put on a facemask, but he refused. Armstrong then walked to the back of the store where the drink coolers were located. The employees who had been outside followed Armstrong inside because, according to Anna, “he looked like he was up to no good.” Anna, Miguel, and J. Mark stood by the exit. Anna testified that she stood by